Timely Submittal of Information Technology Documents
Introduction/ When the Department of General Services (DGS) acquires information technology (IT) goods/services on behalf of departments or when departments acquire IT goods/services under delegated purchasing authority approved by DGS Procurement Division (PD), those departments must comply with purchasing authority requirements that include assuring:
- Timely acquisition and
- Timely approval by DGS, when applicable
DGS PD approval/ Purchase documents, amendments, non-competitively bid (NCB) justification requests, and special category requests (SCR) that require PD approval should be submitted with all necessary supporting documentation prior to the contractor performing any work or delivering any goods. Documents are to be submitted in sufficient time for review, including time for information exchange with DGS. Requirements for timely submittal are listed below.
Non-approval/ Other than under exceptional circumstances or exemptions as described below, the following documents will not be approved:
- Purchase document containing a start date that has already passed
- Amendment with an effective date that has already passed
- An NCB/SPR when work has already commenced
Unauthorized activity/ Any work performed or goods received prior to the date of approval/non-approval, and not meeting one of the listed exceptions/exemptions, will only be paid by submittal of a claim to the Victim Compensation and Government Claims Board. The department or supplier may be liable for any work performed prior to receipt of DGS approval.
Document submittal/ When the following require DGS review/approval, the documents should be submitted within the time frame identified below:
IT Item / Requirement for Timely Submittal to DGS
Purchase document / Submit a minimum of 10 working days prior to contract start date
- Submit a minimum of 10 working days prior to the effective date or
- If the amendment extends the contract term, a minimum of 10 working days before the contract expires
NCB/SCR / Allow a minimum of 45 days for review
Note: This time frame does not include time needed to conduct the procurement.
Exceptional circumstances/ Untimely submittals may be accepted on an exceptional basis only if certified in writing that:
- There is good cause for lateness, as demonstrated by a statement of detailed facts set forth in a certification, and
- It is in the State’s best interest to approve the item
Note: In some cases, a request may be approved but not for the period that preceded the submittal of the document. In no case will approval be given for an NCB for work that has commenced more than 30 days.
Good Cause/ Examples of good cause for an NCB are limited to:
- The underlying contract is necessary to avoid an unexpected and emergent risk to persons or property and the NCB was processed expeditiously upon discovery of the risk
- The underlying contract or amendment is the subject of a judicial order
Certification and signature requirements/ The certification must be signed by the individual identified below.
Item / Signature Requirement
Contract or amendment /
- Up to 30 days late: The department’s Director or, if there is no Director, the equivalent highest ranking executive officer. Submit the certification to the PD Deputy Director.
- Over 30 days late: The Agency Secretary or Agency Undersecretary. If the agency or department does not have an Agency Secretary, the highest ranking executive officer must sign the certification. Submit the certification to the DGS Director.
NCB/SCR / The Agency Secretary or Agency Undersecretary. If the agency or department does not have an Agency Secretary, the highest ranking executive officer must sign the certification. Submit the certification to the PD Deputy Director.
Signature designee/ The Agency Secretary may designate one person, in addition to Agency Undersecretary, to sign on his/her behalf, of cabinet officer level (e.g., Assistant Undersecretary, Deputy Secretary, etc., actual title dependent upon the Agency’s organizational structure).
The highest ranking executive officer of an agency or department that does not have an Agency Secretary may designate one person (title dependent upon agency/department organizational structure) to sign on his/her behalf subject to DGS approval.
DGS PD will maintain a file of the names and titles of designees.
Exemptions/ Certain situations do not require a certification.
Item / Description
Contract or amendment /
- The contract is with another governmental entity and an action or inaction of that other entity delayed timely processing
- There are reasonable factors that delayed an Interagency Agreement or revenue/reimbursement agreement and it is in the State’s best interest to process the document
- The contract or amendment is the subject of a judicial order
- The contract is the result of an emergency involving a sudden, unexpected occurrence that poses a clear and imminent danger requiring immediate action to prevent or mitigate the loss or impairment of life, health, property or essential public services (see the State Contracting Manual Volume 3, Topic 8 of Chapter 1) and factual documentation the emergency is provided
- The contract provides local assistance to a local government or aid to the public directly or through an intermediary, such as a nonprofit corporation as defined in Revenue and Taxation Code section 2211, and the funds are identified as local assistance in the department’s budget
NCB/SCR / Contracts that are statutorily exempt from competitive bidding do not require NCBs and therefore no certification is required. Examples include but are not limited to:
- Contracts with other governmental entities
- Emergency contracts
Note: Documentation for emergency situations should be received as soon as possible after the department has responded to the emergency.
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